Charges on register – statutory right to buy parking area

by Readers Question

12:37 PM, 9th June 2015
About 3 years ago

Charges on register – statutory right to buy parking area

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Charges on register – statutory right to buy parking area

Landlords’ worst nightmare – well, almost! I am a landlord with a conundrum. A year ago, the freeholder of our block of flats sold the freehold of our car parking forecourt/garages that surround our block. For forty years the 21 car parking spaces have been free and the garages to rent. right to buy parking area

The new freeholder wants us to rent the parking bays and has a company merrily issuing tickets for “fines”.

As leaseholders on the flats, we submitted to Land Registry a UN1 to put our right to parking” charge” on the title of the new freeholder, who has now submitted a UN4 to lift our charge.

We have provided evidence and await the Land Registry decision but have been told that, even if Land Registry decides in our favour, we still do not have the right to free parking.

Anyone understand this?

We have also been told we have the statutory right to buy the forecourt from the new freeholder as we should have had first refusal on this land but were never offered it at any stage. I think this is done via Land Reg’s AP1 but wonder, if we submit one at this stage, whether it will hold up the charge decision?

The first we knew about the sale was when we received a letter from the “fine” issuing contractor telling us charges were about to be introduced.

Anyone with a view/advice on all this?

Help!

And we have very little money to throw at the legal side! We have been doing it ourselves so far.

Thanks

Emma Davis



Comments

Puzzler

22:39 PM, 9th June 2015
About 3 years ago

What does it say in your leases about the right to park?

I wouldn't worry about holding up the charge if you can possibly get the freehold of the parking area. You have to be offered it at the same price as the new freeholder paid. Look at other threads on here regarding leases.

Gary Nock

5:39 AM, 10th June 2015
About 3 years ago

Hi Emma

This is indeed a strange one. In 13 years of dealing in leasehold I have never heard of this. As Puzzler says, the key document is your lease. How they can untangle the freehold of the flat from the freehold of the garage site is beyond me. If you haven't already, try the leasehold advisory service to see what they say. In addition the imposition of parking charges is subject to various rules that have to be complied with. If they don't then charge is not valid. And if the lease does not allow parking charges then its game over. But I would also point out that leasehold property law is very complex, and whilst I appreciate there's not a lot of money in the pot then you may need expert legal advice on this one.


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